COMMITTEE ON THE ELIMINATION
OF RACIAL DISCRIMINATION
Sixty-sixth session
21 February-11 March 2005

CONSIDERATION OF REPORTS SUBMITTED BY STATES PARTIES
UNDER ARTICLE 9 OF THE CONVENTION

Concluding observations of the Committee on the
Elimination of Racial Discrimination

AZERBAIJAN

1. The Committee considered the third and fourth periodic reports of Azerbaijan,
submitted in one document (CERD/C/440/Add.1), at its 1691st and 1692nd meetings
(CERD/C/SR.1691 and 1692), held on 4 and 7 March 2005. At its 1700th meeting
(CERD/C/SR.1700), held on 11 March 2005, it adopted the following concluding
observations.

A. Introduction

2. The Committee welcomes the report submitted by the State party and the
additional oral information provided by the delegation. The Committee has been
encouraged by the attendance of the high-ranking delegation and expresses its
appreciation for the opportunity to continue its dialogue with the State party.
However, it regrets that the report as a whole does not contain sufficient information
on the practical implementation of the Convention.

B. Positive aspects

3. The Committee notes with satisfaction the enactment of new legislation
containing anti-discrimination provisions, including the Criminal Code and the
Code of Criminal Procedure.

4. The Committee welcomes the adoption, in June 2002, of the Constitutional
Law on the Implementation of Human Rights and Freedoms in the Republic of Azerbaijan.

5. The Committee welcomes the establishment of the Office of the Human Rights
Commissioner of the Republic of Azerbaijan, pursuant to the Constitutional Act
on the Ombudsman, adopted in December 2001.

6. The Committee welcomes the State party's ratification of the Framework
Convention for the Protection of National Minorities in 2000, the European Convention
for the Protection of Human Rights and Fundamental Freedoms in 2002 and the
European Social Charter in 2004.

7. The Committee notes with satisfaction that the State party has commenced
the implementation of the refugee status determination procedure, in the framework
of cooperation with UNHCR.

8. The Committee welcomes the adoption of the National Poverty Reduction Strategy
for 2003-2005, which targets internally displaced persons as a vulnerable group.

9. The Committee notes with satisfaction that the State party has made the
optional declaration recognizing the Committee's competence to receive communications
under article 14 of the Convention in 2001.

D. Concerns and recommendations

10. The Committee notes the position of the State party that, despite the
negative effects of the conflict in the Nagorny-Karabakh region, persons of
Armenian origin do not experience discrimination in Azerbaijan. However, the
Committee is concerned that, according to reports, incidents of racial discrimination
against Armenians occur, and that a majority of the Armenians residing in Azerbaijan
prefer to conceal their ethnic identity in order to avoid being discriminated
against (Convention, art. 2).

The Committee encourages the State party to continue to monitor all tendencies
that give rise to racist and xenophobic behaviour and to combat the negative
consequences of such tendencies. In particular, the Committee recommends to
the State party that it conduct studies with a view to effectively assessing
and evaluating occurrences of racial discrimination, in particular against ethnic
Armenians.

11. While welcoming the information provided by the delegation on counter-trafficking
measures taken by the State party, including the adoption, in 2004, of the National
Plan of Action to combat trafficking in human beings and the establishment within
the police service of a department to assist victims of trafficking, the Committee
is concerned that human trafficking, including of foreign women, men and children,
remains a serious problem in the State party, which is a country of origin and
a transit point (art. 5).

The Committee recommends that the State party include detailed information in
its next periodic report on human trafficking and continue to undertake necessary
legislative and policy measures to prevent and combat trafficking. The Committee
urges the State party to provide support and assistance to victims, wherever
possible in their own language. The Committee also recommends to the State party
that it continue to make determined efforts to prosecute the perpetrators, and
underlines the paramount importance of prompt and impartial investigations.

The Committee urges the State party to continue taking necessary measures in
accordance with article 5 of the Convention to ensure equal opportunities for
full enjoyment of their economic, social and cultural rights by asylum-seekers,
refugees, stateless persons, displaced persons and long-term residents of Azerbaijan.
The Committee requests the State party to include, in its next periodic report,
information on measures taken in this regard, and draws the attention of the
State party to its general recommendation XXX on discrimination against non-citizens.

13. The Committee observes that, while the State party generally endeavours
to comply with the standards of the Convention relating to the Status of Refugees,
some asylum-seekers are excluded by the refugee determination procedure of the
State party. The Committee is concerned that persons who are not formally recognized
as refugees may still require subsidiary forms of protection, given that they
are unable to return to their countries for compelling reasons such as existing
situations of armed conflict. The Committee also expresses concern about information
on cases of refoulement of refugees (art. 5 (b)).
The Committee requests the State party to ensure that its asylum procedures
do not discriminate in purpose or effect between asylum-seekers on the basis
of race, colour or ethnic or national origin, in line with section VI of its
general recommendation XXX. The Committee recommends that the State party consider
adopting subsidiary forms of protection guaranteeing the right to remain for
persons who are not formally recognized as refugees but who may still require
protection, and to continue its cooperation with UNHCR. The Committee further
recommends that the State party, when proceeding with the return of asylum-seekers
to their countries, respect the principle of non-refoulement.

14. While welcoming the information provided on minority groups, the Committee
regrets the insufficiency of information on the participation of these groups
in the elaboration of cultural and educational policies. It is also concerned
at the lack of programmes to support minority languages, and that those languages
are not used in the educational system to an extent commensurate to the proportion
of the different ethnic communities represented in the State party's population
(art. 5).
The Committee invites the State party to facilitate the participation of ethnic
minorities in the elaboration of cultural and educational policies. The Committee
also recommends to the State party that it take the necessary measures to create
favourable conditions that will enable persons belonging to minorities to develop
their culture, language, religion, traditions and customs, and to learn or to
have instruction in their mother tongue. The Committee invites the State party
to include in its next periodic report detailed information on this issue.

15. The Committee notes with concern the State party's explanation that despite
the legislative provisions providing for the right to effective protection and
remedies, no cases invoking the relevant provisions of the Criminal Code concerning
racial discrimination have been brought before the courts (art. 6).
The Committee requests the State party to include in its next periodic report
statistical information on prosecutions launched, and penalties imposed, in
cases of offences that relate to racial discrimination and where the relevant
provisions of the existing domestic legislation have been applied. The Committee
reminds the State party that the mere absence of complaints and legal action
by victims of racial discrimination may be largely an indication of the absence
of relevant specific legislation, a lack of awareness of the availability of
legal remedies, or insufficient will by the authorities to prosecute. It is
therefore essential to provide for the relevant provisions in national legislation
and to inform the public of the availability of all legal remedies in the field
of racial discrimination.

16. The Committee regrets the lack of information on measures taken by the State
party to enhance better understanding, respect and tolerance among different
ethnic groups living in Azerbaijan, in particular, on programmes adopted, if
any, to ensure intercultural education (art. 7).

The Committee recommends that the State party adopt measures to promote intercultural
understanding and education between ethnic groups, and provide more detailed
information on this issue in its next periodic report.

17. The Committee, while noting the information provided by the delegation,
remains of the view that measures taken to educate the public, law enforcement
officials, members of political parties and media professionals on the provisions
of the Convention could be strengthened (art. 7).
The Committee encourages the State party to expand and strengthen existing efforts
regarding human rights education. Furthermore, particular attention should be
paid to general recommendation XIII, according to which law enforcement officials
should receive specific training to ensure that, in the performance of their
duties, they respect and protect the human rights of all persons without distinction
as to race, colour, descent or national or ethnic origin.

18. The Committee notes the lack of sufficient information on efforts taken
by the State party to involve non-governmental organizations in the preparation
of the periodic report and is concerned about the ability of civil society organizations,
including organizations working to combat racial discrimination, to operate
freely.
The Committee underlines the importance of the role of civil society in the
full implementation of the Convention and recommends to the State party that
it promote the free functioning of civil society organizations that contribute
to promoting human rights and combating racial discrimination. Furthermore,
the Committee encourages the State party to consult with civil society groups
working in the area of combating racial discrimination in the elaboration of
its next periodic report.

19. The Committee strongly recommends that the State party ratify the amendments
to article 8, paragraph 6, of the Convention, adopted on 15 January 1992 at
the Fourteenth Meeting of States Parties to the Convention and endorsed by the
General Assembly in its resolution 47/111. In this connection, the Committee
refers to General Assembly resolution 57/194, in which the Assembly strongly
urged States parties to accelerate their domestic ratification procedures with
regard to the amendment and to notify the Secretary-General expeditiously in
writing of their agreement to the amendment. A similar appeal was reiterated
by the General Assembly in resolution 58/160.

20. The Committee recommends that the State party continue to take into account
the relevant parts of the Durban Declaration and Programme of Action when implementing
the Convention in the domestic legal order, in particular in respect of articles
2 to 7 of the Convention. It further recommends that it include in its next
periodic report information on measures taken to implement the Durban Declaration
and Programme of Action at the national level, in particular the preparation
and implementation of the national plan of action.

21. The Committee recommends that the State party's reports be made readily
available to the public from the time they are submitted and that the observations
of the Committee on these reports be similarly publicized.

22. The State party should within one year provide information on its response
to the Committee's recommendations contained in paragraphs 10 and 13 (paragraph
1 of rule 65 of the rules of procedure). The Committee recommends that the State
party submit its fifth periodic report jointly with its sixth periodic report
on 15 September 2007, and that it address in this report all points raised in
the present concluding observations.